Seeing through the smoke

Dwight Holton has initiated an important conversation about medical marijuana

Oregon's medical marijuana law is intentionally ambiguous, leaving plenty of room for abuse. Dwight Holton, U.S. Attorney for Oregon, and 33 of the state's district attorneys have stepped in to fill that void, serving notice that marijuana dispensaries, so-called cannabis clubs, remain illegal in Oregon.

It's about time someone took action on the increasing number of medical marijuana dispensaries. The dispensaries are ignoring both the law and the will of Oregonians, who voted in November to defeat Measure 74, which would have legalized state-regulated dispensaries.

Cannabis clubs are places where licensed medical marijuana users can meet and smoke together. Yet many of the clubs are also selling marijuana, according to Holton -- illegal under both state and federal law. A Google search of "medical marijuana dispensaries Oregon" provides about half a million results, with some websites listing addresses and "weed menus" for various clubs. There's always been controversy about where card holders get their marijuana, and for the sick and elderly, dispensaries provide important access. But it is difficult to distinguish which clubs are solely attempting to provide medicine and which are marketing to recreational users.

One signature was missing from the notice -- Mike Schrunk's, the district attorney from Multnomah County. In a letter to Holton, he wrote that, "the problem must await other solutions." He's right that it will take more than a strongly worded letter to change this. Some landlords will terminate the leases on the dispensaries. However, some will continue to allow the clubs to be tenants, especially if the clubs claim they are not selling marijuana and thus not technically violating the law.

Of course, technical violations of the law may not really be the issue here. The original medical marijuana law was full of flaws. Lawmakers who are inclined to try to fix it could start with age restrictions on who can hold a card. Right now, anyone, including teenagers, can apply. A study done by Oregon Partnership found, for example, that 35 percent of students at Wilson High School and 46 percent at Marshall High School knew someone with a card.

The current law also gives growers too much access: Individuals can possess approximately $30,000 worth of marijuana at any given time. Licensed users can designate someone else to grow their medicinal marijuana, and each grower could have 6 pounds of marijuana (1.5 pounds per user, 4 users maximum).

Opponents of the law point out, too, that practices surrounding medical marijuana are, well, vague, which makes it difficult to ensure marijuana is going to be used as medicine and not recreationally. Oregon lawmakers need to work with doctors to set dose limits.

Holton has done a good job in pointing to the proliferation of marijuana dispensaries, which may help nip it in the bud, so to speak. But, if Oregon is to continue allowing medical marijuana, then, at least, legislators must work harder to tighten up the rules.